Page:United States Statutes at Large Volume 18 Part 1.djvu/235

 Trru: xm.—THE JUDICIARY.-—Ch. 17. 163 Sec. 859. No testimony given by a witness before either House, or be- Testimony of fore any committee of eit er House of Congress, shall be used as evidence z.,';t“°”°°° be 0** in any criminal proceeding against him in any court, except in a prose- m,;,?',?: auf, cution for perjury committed in giving such testimony. Iiht an official them jn cgimml paper or record produced by him is not within the said privilege. [ms 108.] prosecutions. 24 Jan., 1862, c. 11, v. 12, p. 333. 24Jan., 1857, c. 19, s. 2, v. 11, p. 156. Sec. 860. No pleading of a party, nor any discovery or evidence ob- Plmdinss. distained from a party or witness by means of a judicial proceeding in this “l"“'"`°“· ‘lF°·· ¥‘°i . _ . . . . to be used in crimor any foreign country, shall be given in evidence, or in any manner used in I ,0,,,,,,,- . . _ . _ . ,I P 1IlgS. against him oi his property ox estate, in any court of the United States, — »-·— --———-- in any criminal proceeding, or for the enforcement of any penalty or for- 1325 §°b‘,é868;,°· feiture: Provided, That this section shall not exempt any party or wit- 4§>Y-{2L}-hl ness from prosecution and punishment for perjury committed in discov— U- S- "· H“€h°¤· ering or testifying as aforesaid.  glalfkéexgiiogé Coal, 6 Biss., 379; U. S. v. Distillery, 6 Bin., 483. Sec. 861. The mode of proof in the trial of actions at common law shall Mode of proof in be by oral testimony and examination of witnesses in open court, except ° °.'“ m 0**1* W as hereinafter provided. “°°‘°"”· 24 Sept., 1789, c. 20, s. 30, v. 1,9% 88. 20 Feb., 1812, c. 25, s. 3, v. 2, p. 682. 24 Jan., 1827, c. 4, ss. 1, 2, v. 4, pp. 197, 1. Sec. 862. The mode of roof in causes of equity and of admiralty and Mode of Jproof in maritime jurisdiction shall) be according to rules now or hereafter pre- °‘1'“*Y °" *dmiscribed by the Supreme Court, except as herein specially provided. muy °”"S°°‘ 23 Aug., 1842, c. 188, s. 6, v. 5, p. 518.—Blease 1-. Garlington, 92 U. S., 1. Sec. 863. The testimony of any witness may be taken in any civil Depositions de cause depending in a district or circuit court by deposition de bene esse, I""' ‘”°· when the witness lives ata greater distance from the place of trial than 24 Sept 1789 c_ one hundred miles, or is bound on a voyage to sea, or is about to go out 20, s. 30, v.,l, p. 88. of the United States, or out of the district in which the case is to be tried, I Mm'-. 1}*17. o- and to a greater distance than one hundred miles from the place of 3°ég;;bP· trial, before the time of trial, or when he is ancient and inlirm. The 80 ,,,1 wi}, ,,_1{,§Q deposition may be taken before any judge of any court of the United 29.Tuly, i854, c. States, or any commissioner of a circuit court, or any clerk of a district or 159.¤- 2.V-10.p·315- circuit court, or any chancellor, justice, or judge of a supreme or superior Hg lg"}'; 187,%, °· court, mayor or c ief magistrate of a city, judge of a county court or ’’ p' ' court of common pleas of any of the Unite States, or any notary public The Samuel 1 not being of counsel or attorney to either of the parties, nor interested wh_,]6,·m,,,A,],,,, in the event of the cauge. Reasonable notice mu? firsthbp given in aivih.,  {ng writin b the party or is attorney proposiu to ta e suc eposition, ¤ 011 ¢ to the bpgosite party or his attorney of recorcg as either may be nearest,  M88g;;:` which notice shall state the name of the witness and the time and place 1 pct__ 299-; Ben ,,f of the taking of his deposition; and in all cases in rem, the person Morrison` 1 Pet., having the agenc or possession of the property at the time of seizure 355: Pnwpooo Insshall be deemed tlie a verse party unti a claim shall have been put, in; gg; "·$‘§*}§:i,:’·v5 and whenever, by reason of the absence from the district and want of R,,,,;,,,,,,’5 How; an attorney of record or other reason, thewgiving of the notice herein 7; Harris v. Wall., required shall be impracticable, it shall be la ul to take such depositions 7 How-. 693; Fowas there shall be ur ent necessity for taking, upon such notice as any {f,;:- ,g§}"$L,;,: judge authorized todiold courts in such circuit or district shall thin ,,_ " ,,_{3H°w__ reasonable and direct. Any person may be compelled to appear and 28§?Uoytv.Haindepose as rovided by this section, in the same manner as witnesses may makin, 14 How., be compelled to appear and testify in court. _Q’,5v°Obdr§§l°‘;“ mf'- 156; The Ottawa, 3 Wall., 271; Tappan v. Beardsley, 10 Wall.,427; Shutte v. Thbm n' 15 Wall., 151; '1`ooker v. Thompson, 3 McLean, 92; Buckingham v. Burgess, 3 Mem 368; Moore v. Nelson, 3 McLean, 384; Vose v. Lawrence, 4 McLean, 203; Bell v. Nimmon, 4 McLean, 539; Price v. Morris, 5 McLean, 4; Goodhue r. Bartlett., 5 McLean, 186; Wilkinson 1:. Yale, 6 McLean, 18; Curtis v. Central Railwazyéti McLean, 401; Prouty et al. v. Dra r etal., 2 Story, 199; Carnngton v. Stimson, 1 rt., 437; Evans v. Hettnck, 3 Wash. clb., 409; Pettibone v. Derringir,4 Wash. C. C., 215; Morrill v. Dawson, Hemp., 563; Dade v. Young, 1 Cr. C. C., 123; ks 1:. Miller, 1 Cr. C.C.,543; Wheaton v. Love, 1 Cr. C. C., 451; Vasse ev. Smith, 2 Cr. C. C. 31; Peyton v. Veitch, 2 Cr. C. C., 123; Miller v. Young, 2 Cr. C. C., 53; Garrett v. Woodward, 2 Cr. C. C., 190; Thorpe v. Sim-